Wp(C)/9095/2020 Of The Karamuck Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax(Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 WP(C).No.9095 OF 2020 PETITIONER: THE KARAMUCK SERVICE CO-OPERATIVE BANK LTD.NO.16,KARAMUCH, KANDASANKADAVU P.O., CHAVAKKAD P.O., THRISSUR-680613, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: 1THE COMMISSIONER OF INCOME TAX(APPEALS)AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR-680001.AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR-680001. 2THE INCOME TAX OFFICER,WARD 2(2), THRISSUR, OFFICE OF THE INCOME TAX OFFICER, SHAKTHANTHAMPURAM NAGAR, THRISSUR-680001.WARD 2(2), THRISSUR, OFFICE OF THE INCOME TAX OFFICER, SHAKTHANTHAMPURAM NAGAR, THRISSUR-680001. SRI.JOSE JOSEPH, SC, IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON23.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The writ petition is against the recoveryinitiated while appeals are pending. The issue isalso with respect to the coverage of the petitionerunder Section 80P of the Income Tax Act, 1961, whichhas to be adjudicated on the basis of the Full Bench-decision inMavilayil Service Cooperative BankLimitedv. Commissioner of Income Tax, Calicut [2019(2) KHC 287 (FB)]. 2. In the present case, the demand is with respectto assessment years 2012-2013 and 2016-2017. ExhibitsP3 and P8 appeals and Exhibits P5 and P10 staypetitions are pending before the first appellateauthority. In the circumstance of the case, I am ofthe opinion that there shall be a stay of recoverytill the appeals are disposed of. The writ petition is disposed of with the abovedirection, without any observation on the merits ofthe matter. Sd/- K.VINOD CHANDRAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER DATED06.12.2018 ALONG WITH THE COMPUTATION SHEET.06.12.2018 ALONG WITH THE COMPUTATION SHEET. EXHIBIT P2TRUE COPY OF THE DEMAND NOTICE DATED 06.12.2018.06.12.2018. EXHIBIT P3TRUE COPY OF THE APPEAL DATED 02.01.2019.02.01.2019. EXHIBIT P4TRUE COPY OF THE ORDER DATED 23.01.2020.23.01.2020. EXHIBIT P5TRUE COPY OF THE STAY PETITION DATED 29.01.2020.29.01.2020. EXHIBIT P6TRUE COPY OF THE ASSESSMENT ORDER DATED25.10.2019 ALONG WITH COMPUTATION SHEET.25.10.2019 ALONG WITH COMPUTATION SHEET. EXHIBIT P7TRUE COPY OF THE DEMAND NOTICE DATED 25.10.2019.25.10.2019. EXHIBIT P8TRUE COPY OF THE APPEAL DATED 09.11.2019.09.11.2019. EXHIBIT P9TRUE COPY OF THE ORDER DATED 14.11.2019.14.11.2019. EXHIBIT P10TRUE COPY OF THE STAY PETITION DATED 15.11.2019.15.11.2019. EXHIBIT P11TRUE COPY OF THE JUDGMENT DATED 01.07.2019 IN W.A.NO.1536 OF 2019.01.07.2019 IN W.A.NO.1536 OF 2019.